§ 45-58-121.14 — Terminations

Alabama § 45-58-121.14

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 58: Shelby County
• Art. 12: Employees
• Part 2: Shelby County Civil Service System

Text

(a)
All terminations shall be governed by the applicable policies and procedures within this part. All terminations of employees from county employment shall be processed accordingly and shall be designated as one of the following types: Resignation, reduction in force, disability, death, retirement, dismissal (formal disciplinary action), probationary termination, unclassified service termination, and part-time/temporary/seasonal/intern termination.
(b)
All employees shall be duly notified by their appointing authority or designee of their termination. Employees shall receive any compensation due on the regularly scheduled payroll cycle. All employees are responsible for returning any and all county properties and for the payment of any applicable monies due to the county before final compensation is to be paid by the county. Any payment due to the county shall be deducted from the employee’s final compensation.
(1)
RESIGNATION. a. An employee may voluntarily resign by submitting in writing to the appointing authority or immediate supervisor the effective date of resignation. Notification shall be given as far in advance as possible; but no less than 14 calendar days prior to the effective date of the resignation. If the employee does not give at least 14 calendar days’ notice, then the employee’s resignation shall be denoted as being without notice.
b.
Unauthorized and unjustifiable absence from work for a period of three working days shall be considered as a voluntary resignation on the part of the employee.
c.
An appointing authority shall forward all notices of voluntary resignation to the director immediately upon receipt.
(2)
REDUCTION IN FORCE. Employees may be terminated from employment through the application of the policies governing a reduction in force.
(3)
DISABILITY. a. All employees may be separated for physical or mental disability when they cannot adequately perform their duties because of extended impairment.
b.
A termination action may be initiated by either an employee or the county. The separation shall be supported by medical evidence provided by a licensed physician. The county may require a second opinion by a physician of its choice.
c. Separation action shall be taken only after an employee’s accrued leave with pay has been exhausted.
d.
An employee who is eligible for retirement shall be entitled to retire and receive retirement payments pursuant to the terms of the county’s retirement plan.
e.
A disability separation may be either voluntary or involuntary depending upon whether the employee or the county initiates the action. A regular employee in the classified service may appeal an involuntary disability termination to the board for review.
(4)
DEATH. a. Separation is effective as of the date of death.
b. All compensation due as of the date of death shall be paid to the estate of the employee. Any indebtedness to the county shall be withheld from the employee’s final compensation.
c.
Upon separation from county service due to death, the estate of the employee shall be paid for one-half of the employee’s accumulated sick leave, but in no event shall payment be made in excess of 75 full days. If the deceased employee has accrued leave time to extend through September 30 of the year of death, then the beneficiary of the estate shall be entitled to receive the deceased employee’s longevity check on the appropriate date as longevity checks are dispensed.
d.
Eligible dependents shall be provided the appropriate COBRA notification. A deceased employee who was eligible for retirement shall have his or her eligible dependents notified of their eligibility for continuation coverage through the insurance for retirees guidelines.
(5)
RETIREMENT. a. An employee who meets the conditions for retirement set forth in the regulations and procedures established by the State Employees’ Retirement System and Shelby County, may elect to retire and receive all benefits earned under the applicable retirement plan.
b.
The notice of retirement shall be forwarded through the appointing authority to the director no earlier than six months but no later that 60 days prior to the requested effective date of retirement.
c.
Retiring employees shall be provided the appropriate notice to permit continued health insurance as established by the commission and applicable state and federal law. The employee shall report to the director for an exit interview on the last day of active employment to receive the appropriate information.
(6)
DISMISSAL (FORMAL DISCIPLINARY ACTION). A regular employee in the classified service may be terminated from employment with Shelby County through the application of formal disciplinary actions. Appeal rights apply as outlined within this part.
(7)
PROBATIONARY TERMINATION. Classified service employees serving a probationary period may be terminated from employment with Shelby County by their respective appointing authority with or without cause and without appeal to the board.
(8) UNCLASSIFIED SERVICE TERMINATION. An employee in the unclassified service may be terminated from employment with Shelby County at the sole will of the appropriate appointing authority. All unclassified service employees work at the pleasure of the applicable appointing authority and they do not have appeal rights to the board. No authority or individual shall be able to assign appeal rights to an unclassified service employee.
(9) PART–TIME/TEMPORARY/SEASONAL/INTERN TERMINATION. All employees appointed to positions recognized as either part-time, temporary, seasonal, student and interns, or emergency shall be employed-at-will. These employees shall be terminated at the sole discretion of the appointing authority with or without cause and without appeal rights to the board.

Legislative History

(Act 93–664, p. 1148, § 14; Act 99–328, p. 455, § 1.)